eTheses Repository

An examination of judicial tendencies in prisoner security categorisation cases

Iles, Alexander (2012)
Other thesis, University of Birmingham.

Loading
PDF (705Kb)Accepted Version

Abstract

This thesis combines both a traditional and an empirical approach to determine judicial tendencies in prisoner security categorisation cases. Three major themes are identified in the survey of cases. Firstly, judges tend to support the prison authorities instead of prisoners in categorisation decisions. Secondly, judges are mainly concerned with the impact of categorisation on a prisoner’s release date and not the conditions of imprisonment. Thirdly, judges tend to support the prison authorities when prisoners whose index offences are violent or sexual challenge their categorisation decision and it is argued that this is as a result of judicial deference to the prison authorities. The thesis concludes that the judges are deferential to the prison authorities regarding categorisation decisions and examines the various ways that this deference manifests itself, including the exclusion of Article 5 from the categorisation context. It is then argued that this deference is both unnecessary and unjustified. The consequences of the judges‟ approach both on prisoners and on the prison authorities are discussed, and it is suggested that judicial tendencies in categorisation cases have a limiting effect on the development of prisoners‟ rights.
The thesis reflects the state of the law on 28th April 2010.

Type of Work:M.Jur. thesis.
Supervisor(s):Baldwin, John
School/Faculty:Colleges (2008 onwards) > College of Arts & Law
Department:School of Law
Subjects:K Law (General)
Institution:University of Birmingham
ID Code:3419
This unpublished thesis/dissertation is copyright of the author and/or third parties. The intellectual property rights of the author or third parties in respect of this work are as defined by The Copyright Designs and Patents Act 1988 or as modified by any successor legislation. Any use made of information contained in this thesis/dissertation must be in accordance with that legislation and must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the permission of the copyright holder.
Export Reference As : ASCII + BibTeX + Dublin Core + EndNote + HTML + METS + MODS + OpenURL Object + Reference Manager + Refer + RefWorks
Share this item :
QR Code for this page

Repository Staff Only: item control page